Trips and falls can be minor or cause serious injuries. Victims of sidewalk accidents may suffer a variety of injuries including but not limited to:
- Broken bones and fractures;
- Spinal cord injuries;
- Neck and back injuries;
- Head injuries;
- Traumatic brain injuries;
- Muscle sprains and strains; and
- Cuts and contusions.
Some of these injuries may impact an accident victim’s ability to perform daily tasks, earn a living, and pay for accident-related medical care and losses. Texas allows qualified victims of sidewalk trips and falls to recover compensation for accident-related care and associated damages.
Recovering monetary damages in a trip and fall claim requires an accident victim to prove another party was liable for the accident and any resulting financial and personal losses.
Proving Liability for a Trip and Fall on a Sidewalk in Texas
Proving liability for a trip and fall on a sidewalk in Texas requires a thorough investigation by the accident victim or their personal injury attorney. The liable party’s insurance company will investigate responsibility, but they will not do so in the best interests of the injury victim.
Proving liability means building a case for the other party’s negligence. In many sidewalk trip and fall claims, more than one party may be responsible for a victim’s trip and fall.
A successful negligence case will show that the person or organization responsible for the sidewalk should have known or knew about the hazardous sidewalk but failed to do anything to remedy the situation.
Who is Liable for a Trip and Fall on a Sidewalk in Texas?
A personal injury attorney’s investigation will reveal who bears responsibility for a sidewalk and its maintenance. If a sidewalk is a public sidewalk, the city or municipality is likely liable for accident-related injuries.
Liability for a trip and fall in a residential neighborhood will likely rest with the homeowner whose property is adjacent to the sidewalk. Business owners are generally responsible for maintaining sidewalks that abut commercial properties and private businesses.
Liability for a Trip and Fall on a Sidewalk in Dallas
In Dallas, city law states that the responsibility for a trip and fall injury is to be split equally between the City of Dallas and the owner of the property where the sidewalk exists. However, the city must be formally notified of the damaged pavement before the trip and fall accident.
If the City of Dallas is not notified of a potentially hazardous sidewalk prior to an accident, then it bears no fault for a later accident.
Deadline to File A Trip and Fall Sidewalk Claim in Texas
Except for cases against government entities, trip, and fall sidewalk claims must be filed within two years of the date of injury in Texas. There are special rules for filing against government entities that include shorter filing deadlines and caps on monetary damages.
Contact an Experienced Trip and Fall Attorney in Dallas Today
If you suffered a trip and fall injury in Texas and would like more information about filing a claim, contact an experienced Dallas personal injury attorney at Mathias Raphael PLLC Accident & Injury Lawyers. We will gladly review your case at no cost and advise you of any available legal options for compensation.
Mathias Raphael PLLC Accident & Injury Lawyers has successfully served the needs of the injured for more than a decade. Call our Dallas office at (214) 307-8387 to make your risk-free appointment now.